Prisoners right to sell property


Whether a prisoner can sell his property even when he is in custody.

How he can execute sale deed in respect of immoveable property during custody.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Prisoner cannot sell the immovable properties.since his presence is very much required to sign the documents at sub-registrar offices

 
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I agree with Mr. Ramachary, the prisoner is required to be present before the SRO for signing the register in person.  Moreover, if the property is involved in the crime, he cannot dispose it until the case is decided.

 
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Dy Director

academic query. No solution suggested

 
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Hello everyone,

 

Kolkata High Court has held that its prisoners fundamental right to sale property. The arrangments can be made by police to bring him at Registrar's office. Or Registrar can send any of his official at Jail to complete formalities. Now physical presence is not required for registration, as the finger print machine can be taken outside the registration office. You have to apply accordingly. There is no provision which bars prisoners from selling his property. 

 

Ashwin Hawelikar, Advocate

9820773803

 
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Sir,

I am in agreement with Ashwini Sir. The rationale behind the said case of the Calcutta High Court (read: Soma Saha Sen Vs State of West Bengal) is that Right to Trade is a fundamental right as enshrined in Chapter III under Article 19(1)(g) of the Constitution of India and the same does not stand eclipsed by the continuing incarceration of a prisoner.  The right in Art. 19(1)(g) can be abrogated only in special circumstances as mentioned in Art. 19(6). 

Furthermore, it is advisable to look into the State's Jail Code for information regarding the enjoyment of rights by the prisoners and if any disqualification exists there.

Link of the case law mentioned- https://indiankanoon.org/doc/35871235/

Regards,

Nikisha Hada

 

 
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